ADMINISTRATOR, B.S.R.T.C. versus RANJANA MAJHI AND ORS.

ADMINISTRATOR, B.S.R.T.C. versus RANJANA MAJHI AND ORS.

High Court could not direct appellant to pay the whole compensation awarded as respondent No. 3 did not challenge Tribunal's apportionment and accepted liability for 50% of the award; compensation must be paid equally as originally ordered.

Parties
Appellant: Administrator, B.S.R.T.C.; Respondent: Ranjana Majhi; Respondent: Superintendent of Police, Burdwan
Jurisdiction
India
Judgment Date
17 July 2006
Procedural Posture
Civil Appeal / Appeal From Calcutta High Court Judgment Dated 11.4.2003 in F.m.a. No. 1178/2000
Outcome
Appeal partly allowed
Legal Topics
Compensation Apportionment, Liability in Motor Accidents
Motor Accident Claims Tort Law Compensation Apportionment Liability in Motor Accidents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Administrator, B.S.R.T.C.

Appellant

Ranjana Majhi

Respondent

Superintendent of Police, Burdwan

Respondent

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court Judgment Dated 11.4.2003 in F.m.a. No. 1178/2000

Legal Issues

  1. 1 Whether High Court was justified in directing appellant to pay entire compensation when Tribunal apportioned liability equally
  2. 2 Whether respondent No. 3’s acceptance of Tribunal’s direction precluded modification by High Court

Ratio Decidendi

High Court could not direct appellant to pay the whole compensation awarded as respondent No. 3 did not challenge Tribunal's apportionment and accepted liability for 50% of the award; compensation must be paid equally as originally ordered.

Court Disposition

Appeal partly allowed

Orders

  • Amount awarded shall be paid equally by appellant and respondent No. 3 as directed by Tribunal.
  • No costs.